Updated 4 September 2023
|1.1. “iDonatio” means the registered company the owns
and operate the iDonatio donating platform.
1.2. “Platform” means the iDonatio system that
encompasses the IDonatio Mobile App, database, and website that can be used for donation purposes.
1.3. “Website” means the iDonatio website that the public can get information about the platform and prospective Donees can visit to register to use the iDonatio platform to receive donations from Donors and to login to manage their donations.
1.4. “App” means the iDonatio mobile application that can be downloaded and installed on smart phones to donate money to Donees registered on the platform.
1.5. “Donee” means registered charities, religious organisations, social events, and performers that are registered on the platform to receive donations via the iDonatio Mobile App.
1.6. “Donor” means persons that are registered on the iDonatio platform donating money through the IDonatio Mobile App on their smart phone to registered Donees.
1.7. “Gateway” means the third party that processes all donation on the platform and validates Donors and Donees financial data. This is known as Stripe .
1.8. “Mobile device” means mobile phones that have capability of downloading and installing mobile applications and internet facilities.
1.9. “Bank Details” means details of the bank card to be used for donations.
1.10. “Financial data” means bank account details.
1.11. “Secured website” refers to the part of the Platform that a registered Donne can access using their password and user ID to perform their functions.
1.12. “Unsecured website” refers to the part of the Platform that is open to the public.
2.1. These terms of use describe the conditions under which the IDonatio Mobile App can be used.
2.2. The IDonatio Mobile App allows donors to donate money anonymously or non- anonymously to registered Donees.
2.3. By downloading, installing, and using the IDonatio Mobile App, the Donor accepts the terms of use of the IDonatio Mobile App.
3.1. All rights of the IDonatio Mobile App, the accompanying documentation and all modifications and extensions thereto as well as the enforcement thereof are and remain the property of iDonatio.
3.2. The Donor is granted sole rights and authorities
and/or permissions ensuing from the effect of this agreement, or which are assigned in writing, and you
may not otherwise use, reproduce, or publicly release the iDonatio Mobile App.
3.3. iDonatio grants the Donor a non-exclusive,
non-sublicensable and non- transmittable license to use the IDonatio Mobile App.
3.4. The Donor is not allowed to use the iDonatio
Mobile App for commercial purposes.
3.5. The Donor may not provide the iDonatio Mobile App
to third parties nor sell, rent, decompile, submit to reverse engineer, or modify the iDonatio Mobile
App. Nor should the Donor, or let others, remove, or bypass the technical provisions that are intended
to protect the IDonatio Mobile App.
3.6. iDonatio has the right to change the iDonatio
Mobile App at any time, modify or remove data, deny the Donor the use of the App by termination of the
license, limitation of the use of the App or deny access to the App in whole or in part, temporarily or
permanently. iDonatio will inform the Donor about this in an appropriate manner.
3.7. The Donor acquires no right, title, or interest to
the intellectual property rights and/or similar rights to the App, including the underlying software and
content.
4.1. To use the App, the Donor must download and install the App software onto their mobile device from either the Apple App store or Google Play store. After downloading and installation, the Donor must register with the platform via the App.
4.2. The Donor is responsible for the correct
submission of data required by the App during registration. These required data may be varied or change
at any time by iDonatio.
4.3. All banking details of the Donor are stored
securely on the Gateway platform.
4.4. Banking details of the Donor are never stored on
the iDonatio platform.
4.5. The privacy policy of iDonatio is applied to the
processing of the personal data supplied by the Donor during registration via the App. The Donor must
inform iDonatio immediately if any of this data changes by correcting the data using the App.
4.6. The services provided by the platform via the App
is based on the information the Donor provided at registration. The Donor is obliged to provide
information that is not false or misleading.
4.7. The Donor may not provide information with which
the Donor is not authorised to use.
4.8. iDonatio and the gateway have the right to
validate and verify the information the Donor has provided.
4.9. The Donor can only donate to Donees that are
registered on the platform. Donations are done anonymously or non-anonymously.
4.10. The App should be used in accordance with the
purposes for which it is intended.
4.11. It is prohibited to reverse engineer the source
code of the App or to decompile and/or modify the App, or to make a copy of the App available to any
third party, or to remove, delete or render illegible any designations of the App as the party holding
rights to the App or parts thereof.
4.12. Donor must be 16 years or over to use the App.
Donors below this age are exempt from using the App.
4.13. The App is available for the operating systems
Android and iOS. In addition to the provisions set out below, the operating systems Android and iOS may
attach conditions to the downloading of the App, its use, and related matters. For further information,
see the terms of use and download as set out by the operating systems Android and iOS as well as any
other applicable terms and conditions appearing on their websites.
4.14. These terms of use are an agreement between the
Donor and iDonatio and does not apply between the Donor and the platform through which the Donor
acquired the App.
4.15. The Donor is responsible for any expenses related
to the equipment, software system and internet connection required to make use of the App.
4.16. The Donor may at any time terminate the use of
the App by deleting the App from their mobile device.
4.17. iDonatio may retain some of the Donor’s donation
transactions documentation after the Donor has terminated their subscription with iDonatio to comply
with government regulations.
4.18. iDonatio can terminate the use of the App by any
Donor if it finds that the Donor is not using the App in the way it was intended to be used without
giving notice. If that happens, that Donor will be permanently excluded from using the App.
4.19. iDonatio does not charge any fees for the use of
the App.
4.20. iDonatio has the right to adjust the offered
functionalities from time to time to improve or to fix errors on the App.
4.21. iDonatio will always work to fix errors within
the App’s software but cannot guarantee that all errors can be fixed in a timely fashion or fix the
error at all.
5.1. All donations are done only via the App.
5.2. Donations can only be made using debit cards.
Credit cards donations are not allowed.
5.3. When donating, Donors should ensure that they are
donating the amount they can afford to the correct Donee. The platform will provide popups for the
Donors to confirm donations before the donation is made.
5.4. Donations made and confirmed cannot be
reversed.
5.5. iDonatio cannot guarantee your donation will be
used for the donation type you select during donation and is therefore not responsible for the actions
of a Donee.
5.6. Once a donation has been made, any dispute or
dealings shall be between the Donor and Donee.
5.7. If you require your donation to be for a specific
purpose only or you are dissatisfied about how funds are being used, you should contact the charity
directly.
6.1. iDonatio does not provide banking or payment services. To facilitate the processing of donations from the Donor, iDonatio has entered into an agreement with the Gateway - Stripe. The collection of the donation from the Donor’s account is done by the Gateway. iDonatio does not handle any money from the Donor.
6.2. iDonatio reserves the right to change the gateway
at any time.
6.3. iDonatio and the gateway will process the data of
the Donor in accordance with the law and regulations that applies to data protection. For further
information on how personal data is collected, processed, and used, refer to the iDonatio’s privacy
policy. This can be found at: https://www.idonatio.com/privacy-policy
6.4. iDonatio and/or the Gateway can refuse a donation
if there are reasonable grounds to believe that a Donor is acting in violation of these terms or if
there are reasonable grounds to believe that a donation is suspicious or illegal as set out by the
government regulations. In this case iDonatio will inform the Donor as soon as possible, unless
prohibited by law to do so.
7.1. Queries for full or partial refund of a donation will be between the Donor and the Donee. iDonatio will not be involved.
7.2. Donees reserve the rights to refund any donation
partially or fully.
7.3. Donees reserve the rights to retain the processing
fees from the donation before refunding any donation.
7.4. When you donate and the transaction has been
completed, this cannot be disputed except in the case where fraudulent or unauthorised usage of your
payment card or payment method is proven. If you suspect or are aware of fraudulent activity being
carried out in your name, you must contact the provider of your card or payment method, for them to
advise you accordingly.
8.1. The Donor shall take all reasonable precautions to safeguard their login credentials and avoid misappropriation or unauthorised use of the App on their device.
8.2. The Donor is responsible for the security of their
device. iDonatio considers any donation from the App on the Donor’s mobile device as a Donor approved
donation.
9.1. iDonatio releases updates from time to time, which can rectify errors or improve the functionality of the App. Available updates for the App will be announced by means of notification through Apple’s App Store and Google Play Store and it is the Donor’s responsibility to monitor these notifications and keep the App up to date.
9.2. An update can stipulate conditions, which differ
from the provisions in this term of use.
9.3. By installing such an update, the Donor agrees to
these new conditions, which will then form part of this agreement.
9.4. The Donor will be notified of all the changes the
update will cause so that the Donor can refuse the update. If Donor does not agree to the changed
conditions, they will have to cease using the App and delete the App from their mobile device.
10.1. The App has been compiled with the utmost care. Although iDonatio strives to make the App functional 24 hours a day, it accepts no liability if, for any reason, the App is not available at any given time or for a certain period.
10.2. iDonatio reserves the right to discontinue the
App unannounced temporarily or permanently. The Donor cannot derive any rights from this.
10.3. iDonatio is not liable for damage or injury
resulting from the use of the App. The limitations of liability as mentioned in this article shall lapse
if the liability for damage is the result of intent or gross negligence on the part of the App.
10.4. Donors use the App at their own risk and
expense.
10.5. iDonatio is not liable for donations made using
the App. Donors must ensure that they are donating to the right Donee before confirming donation.
10.6. iDonatio is not liable if Donor donates to the
wrong Donee or donates the wrong amount of money. Donors will have to request refund of such donation
from the Donee directly.
10.7. The Donor indemnifies iDonatio against any claim
from third parties because of the use of the App or not correctly meeting the agreements made concerning
legal or contractual obligations with iDonatio. The User will pay all damages and costs to iDonatio
because of such claims.
11.1. This agreement comes into effect on commencement of the use of the App and will remain in force for an undetermined period from that moment.
11.2. This agreement may be terminated by the Donor at
any time without giving notice by deleting the App from their mobile device.
11.3. Following the termination of this agreement, you
shall cease and desist from all further use of the App. You must then delete the App from your mobile
device.
11.4. If any provision of these terms and conditions is
void or destroyed, this will not affect the validity of the agreement, and other provisions of these
terms remain in force. In that case, the parties will decide on a new replacement provision or
provisions which will be in line with the intention of the original agreement as far as is legally
possible.
11.5. The Donor is not allowed to transfer the rights
and/or obligations arising from the use of the App and these terms to third parties.
11.6. If the Donor is selling, giving away or loaning
out their mobile device, they must delete/uninstall the App from such mobile device before selling,
giving away or loaning out their mobile device.
11.7. All the terms and condition herein are governed
by the laws of England and Wales.
11.8. Any disputes arising from or in connection with
these terms and conditions can only be settled in the Courts of England and Wales.
11.9. The terms of use shall not affect the Donor’s
statutory rights as a consumer.
11.10. iDonatio features an internal complaints
procedure. Any complaint about the implementation of these conditions by iDonatio must be submitted in
writing to iDonatio via email at info@idonatio.com